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MIDDLETOWN MUNICIPAL COURT

Couple accused in abuse case to get dog back

Prosecutor says he was forced to drop charges because of spousal immunity.

Staff Writer

Friday, September 28, 2007

Prosecutors dropped animal cruelty charges Thursday in Middletown Municipal Court against a couple who also will be reunited with a dog that had been removed from their care amid allegations of neglect.

Taylor Roth, 27, of Middletown was accused of throwing a 10-week-old puppy against a wall during a fight with his wife, Alicia, 33, in May. Alicia Roth was charged because she allegedly did not seek immediate medical attention for the dog, which suffered a broken leg, according to police.

She also was accused of cruelty to a Rottweiler that allegedly was found in poor condition on the couple's porch in 100-degree heat, but Middletown Prosecutor Doug Adkins said, "Mrs. Roth was not in charge of that dog when it was found in a distressed condition," because she was out of town and had arranged for someone else to look after the dog.

Adkins said he was forced to dismiss the cases because the Roths enjoy spousal immunity and could not be made to testify against each other.

The brown husky mix puppy with the injured leg was taken to Animal Friends Humane Society in Trenton. It died a few days later from parvo, a viral infection that attacks the immune and digestive systems of young dogs.

"It's so sad. It's so disappointing," said Leland Gordon, executive director of the Trenton shelter on Thursday. "If the dog had lived with somebody else, it probably would have a had a great life."

The Rottweiler was taken to the Animal Care Center in West Chester Twp. It will be returned to the Roths, who agreed in court Thursday to pay $637 in veterinary care for both dogs.

Contact this reporter at (513) 705-2511 or dwells@coxohio.com.

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